On April 13, 1987 the POEA issued Accreditation Certificate No. 2471 to NAVALES
for it to recruit, hire and employ ship personnel thru SEASCORP. 6 At the bottom left
portion of the Certificate, the following reads:
Vessel/s enrolled: (1)
1. ARAWA BAY
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In a SPECIAL POWER OF ATTORNEY dated May 19, 1987, 7 NAVALES, acting for
and on behalf of ARAWA BAY SHIPPING CO. PTE LTD., named, constituted and
appointed SEASCORP as its authorized attorney-in-fact in the hiring, placement and
employment of Filipino seamen to, among other things, sue and be sued in ARAWA
BAY SHIPPINGS name, place and stead, subject however to the provisions of the
Manning Agency Agreement dated April 10, 1987 executed by NAVALES, acting
on behalf of ARAWA BAY, and SEASCORP; and to assume jointly and solidarily with
ARAWA BAY SHIPPING any liability that may arise in connection with the workers
contract and/or implementation of the employment contract and other terms and
conditions of the appointment as defined and spelled out in the Manning Contract.
Under the Rules of the POEA, SEASCORP, as manning applicant, was required to
execute an Affidavit of Undertaking in connection with the discharge of its duties as
manning agent. Accordingly, SEASCORPs President, in an Affidavit of Undertaking
of July 10, 1987,8 stated:
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2 That SEASCORP has been appointed as the manning agent of NAVALES
SHIPMANAGEMENT & MARINECONSULTING PTE, LTD. (NAVALES) of
Maxwell House, 20 Maxwell Raod, Singapore to recruit Filipino crews for its
shipping;
3 That as NAVALES appointed manning agent in the Philippines, SEASCORP is
able, willing and ready to assume any and all liabilities that may arise or that may
have arisen with respect to seamen recruited and deployed by SEAGULL
MARITIME CORPORATION (SEAGULL) for NAVALES and hereby assumes full
and complete responsibility over all seamen/workers originally recruited and deployed
by SEAGULL for NAVALES. (Underscoring supplied)
SEASCORP was to claim later that this Affidavit was copied by its employees from
a copy of the POEA.
On the basis of above-quoted paragraph 3 of SEASCORPs Presidents Affidavit of
Undertaking, SEAGULL filed a complaint at the RTC of Manila for the recovery of the
amount of P1,322,527.74 it allegedly paid Balatongan in accordance with the decision